Brief Bank

Below are amicus briefs either filed by the Innocence Network, or by individual Network project members, on issues that have been endorsed by the Innocence Network Board of Directors.

Issue: Police and Prosecutorial Misconduct

Goldstein v. Van de Kamp (2007)

Counsel: Innocence Network, NACDL, State NACDL affiliates, various Public Defenders
Court: Ninth Circuit
Case Number:
Position: - Administrator of prosecutor's office should not be shielded by absolute immunity from suit for failure to implement procedures to ensure compliance with Brady v. Maryland.
Issues: Police and Prosecutorial Misconduct

Goldstein, Thomas, Van de Kamp v. (2008)

Counsel: Innocence Network and Innocence Project (by Weil Gotshal & Manges LLP)
Court: U.S. Supreme Court
Case Number: 07-854
Position: - Arguing that absolute immunity should not be extended to cover a District Attorney who, in a purely administrative and managerial capacity, intentionally or with deliberate indifference declines to establish any internal system or procedures to ensure that prosecutors have access to impeachment information concerning informants, in disregard of the mandate of Brady v. Maryland and Giglio v. United States, and despite knowing of prior repeated Brady and Giglio violations that resulted from not having such a system or procedure.
Issues: Police and Prosecutorial Misconduct

Martin, Harold v. U.S.D.O.J. (2006)

Counsel: Mid-Atlantic Innocence Project, NAACP Legal Defense Fund, ACLU of the National Capital Area
Court: D.C. Circuit
Case Number: 05-5207, 06-5048
Position: - A right of access to Brady materials exists under FOIA.
Issues: Police and Prosecutorial Misconduct